Power of Attorney
- Governed by Power of Attorney Act, 1882.
- POA is like an agency - so no consideration is required to give POA.
- Can be given by any person (legal or human) - must be major and of sound mind.
- Stamp Fee is payable as per Court Fee Act. It is paid by Non Judicial Stamp Paper.
- Registration is not necessary but required in some cases such as for Power to recover rent of immovable property.
- Two kinds:
- General - power is given with respect to a certain class of
business or actions. For example, power to do all things necessary to
sale a property.
- Special - power is given for a specific act.
- Must be signed and attested by Public Notory or JMFC.
General Power of Attorney
TO ALL TO WHOM THESE PRESENTS SHALL COME
Know all men by these presents that I A.B s/o B. C. aged 40 yrs r/o 123, MG Road, Indore, state as follows :-
Whereas I am personally unable to attend to the managerial and other
affairs with respect to my property No 555, AB Road, Indore, so
I, hereby nominate and appoint
R/o……………… as my true and
lawful Attorney to act for and on my behalf and I authorize and empower
him to do the following acts, deeds and things on my behalf :-
Provided that the said attorney shall not sell or transfer the ownership of the property to any person.
- To lease, and rent the aforementioned property.
- To demand, collect the rent due on the aforementioned property.
- To manage and control my aforesaid property including collection of
monthly rents, from the tenants and issuance proper stamped receipts
acknowledging the rent received.
- To make applications,
affidavits, documents etc., to the Govt. Deptt. and any other concerned
authorities, required for the managing of the aforesaid property and to
do all other acts, deeds and things in respect thereof.
- To effect
and carry out necessary repairs, additions, etc., in the said property
as and when may be desired, and for this purpose obtain all the
necessary permissions and/or sanctions, necessary from any appropriate
- To deal with Govt. deptt. and other local bodies for
the purpose of any essential facilities or amenities required to be
provided in the building. He can sign all papers and documents etc. for
- To pay all the taxes, Municipal levies and other taxes, which may be, required to be paid.
- To file any objections with Govt. deptt. or other local body of
Government for any purpose related with said property.
- To engage
valuer/Architects and/or to engage any Advocate or Attorney for the
purpose and or file or institute and legal action I court for the
fulfillment of the purpose.
- AND GENERALLY TO DO ALL other acts, deeds and things, which my said
attorneys may deem fit and proper for the maintenance, upkeep of my
Provided further that the said attorney shall keep true accounts of all
activities performed by virtue of this power of attorney.
I hereby agree and undertake to confirm and ratify all and whatsoever
my said attorney shall do or purport to do by the virtue of this power
IN WITNESS WHERE OF this deed is signed by me at ________on this ______day of_______
(Signature of the giver)
Name and Address of Witness 1
Name and Address of Witness 2